§ 25-22.5-5.5-2.6 — Negotiation of purchase price for release from noncompete agreement; mediation

Indiana § 25-22.5-5.5-2.6

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 22.5: PHYSICIANS
• Ch. 5.5: Physician Noncompete Agreements

Text

6. (a) This section does not apply to a
physician noncompete agreement originally entered into before July 1,
2023.
(b) If a physician elects to exercise the option to purchase a release
from a noncompete agreement under section 2(a)(4) of this chapter, the
employer shall negotiate in good faith with the physician to determine
a reasonable purchase price.
(c) If:
(1) a physician notifies the employer of the physician's election to
exercise the option to purchase a release from the noncompete
agreement under section 2(a)(4) of this chapter; and
(2) the physician and the employer cannot agree on a reasonable
purchase price;
the physician or the employer may serve a notice of intent to pursue
mediation.
(d) A party shall serve a notice of intent to pursue mediation under
subsection (c) on the other party not later than thirty-five (35) days
after the physician notifies the employer under subsection (c)(1).
(e) The parties shall mutually select a mediator to conduct a
mediation under this section.
(f) Unless the parties agree otherwise, the mediation must take place
in the city within Indiana that:
(1) is closest to the physician's primary place of employment
during the term of the physician's contract with the employer; and
(2) has a population of more than fifty thousand (50,000).
(g) The mediation must conclude not later than forty-five (45) days
after the date that the notice of intent to pursue mediation was served
under subsection (c).
(h) Unless the parties agree otherwise, the cost of the mediator and
any other direct costs of the mediation must be equally divided between
the parties engaged in the mediation. All other costs must be paid by
the party incurring them.

Legislative History

As added by P.L.165-2023, SEC.4.